20031223 TZHC Dar es Salaam

20031223 TZHC Dar es Salaam

The plaint does not plead any contract of sale or breach thereof; it is purely a claim in tort for trespass and vacant possession, which does not arise from a commercial transaction. Therefore, the Commercial Division lacks jurisdiction.

Source-derived case information.

Citation
20031223 TZHC Dar es Salaam
Parties
Plaintiff: Fatehali Mohamedali Kananl; 1st Defendant: The Permanent Secretary Ministry of Works; 2nd Defendant: The Attorney General; 3rd Defendant: Angelo Ihoyelo Muneni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2003
Procedural Posture
Commercial Case / Ruling on Jurisdiction
Outcome
Suit struck out for want of jurisdiction
Legal Topics
Jurisdiction, Tort, Trespass, Commercial Law
Source Language
english
Civil Procedure Jurisdiction Tort Trespass Commercial Law

Source-derived case record

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Parties

Fatehali Mohamedali Kananl

Plaintiff

The Permanent Secretary Ministry of Works

1st Defendant

The Attorney General

2nd Defendant

Angelo Ihoyelo Muneni

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the Commercial Division of the High Court has jurisdiction over a suit based on tortious liability (trespass and vacant possession) rather than a commercial transaction

Ratio Decidendi

The plaint does not plead any contract of sale or breach thereof; it is purely a claim in tort for trespass and vacant possession, which does not arise from a commercial transaction. Therefore, the Commercial Division lacks jurisdiction.

Court Disposition

Suit struck out for want of jurisdiction

Orders

  • Suit struck out with costs